Antigiuridicità

Antigiuridicità is a legal concept used in civil law jurisdictions, particularly prominent in Italian law, that refers to the unlawful nature of an act. It is a fundamental element required for an act to be considered a tort or delict, meaning an action that gives rise to legal liability and may warrant compensation. Essentially, antigiuridicità signifies that an act, though it may cause harm, is not justified or permitted by law.

This concept is distinct from guilt or culpability, which deals with the mental state of the actor. An act can be antigiuridico even if the person who committed it was not negligent or acting with intent. For example, self-defense or necessity might justify an act that would otherwise be unlawful. The presence of such justifications negates the antigiuridicità of the action.

The determination of antigiuridicità involves assessing whether the conduct violates a legal duty or infringes upon a legally protected interest. It's the objective unlawfulness of the act, independent of the actor's subjective fault. In essence, antigiuridicità is the core element that makes an act legally blameworthy and capable of triggering legal consequences, such as damages.